Citation NR: 9707938
Decision Date: 03/12/97 Archive Date: 03/25/97
DOCKET NO. 96-14 435 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri
THE ISSUE
Entitlement to service connection for residuals of a right
knee injury.
ATTORNEY FOR THE BOARD
William D. Teveri, Associate Counsel
INTRODUCTION
The veteran served on active duty from September 1956 to
September 1960.
This appeal arises from a November 1995 rating decision by
the Department of Veterans’ Affairs (VA) Regional Office (RO)
in St. Louis, Missouri.
REMAND
The Board observes that the veteran has not been able to
secure medical assistance to determine if, in fact, he has a
current right knee disability. His service medical records
confirm an in-service right knee injury.
Therefore, in order to give the veteran every consideration
with respect to the present appeal, it is the opinion of the
Board that further development in this case is warranted.
Accordingly, this case is REMANDED to the RO for the
following actions:
The veteran should be afforded a VA
orthopedic examination to determine
the nature and extent of any current
right knee disability. This
examination should be conducted in
accordance with the VA Physician’s
Guide for Disability Evaluation
Examinations, all necessary tests
and studies should be accomplished,
and the clinical manifestations
should be reported in detail. The
claims file and this REMAND must be
made available to, and reviewed by,
the examiner in connection with this
evaluation. Based on the
examination results, the veteran’s
statements in the claims file and
the history provided by the veteran
during the examination, the examiner
should offer an opinion as to
whether it is at least as likely as
not that any current right knee
disability is due to his injury in
service. The complete rationale for
each opinion expressed should be set
forth.
After completion of the above development, the RO should
again adjudicate the issue of service connection for
residuals of a right knee injury, based on the available
record. If the determination remains adverse to the veteran,
he should be furnished a supplemental statement of the case
and be afforded an opportunity to respond thereto.
Thereafter, the case should be returned to the Board for
further appellate consideration, if appropriate.
The purpose of this REMAND is to obtain additional
information. The Board does not intimate any opinion, either
factual or legal, as to the ultimate disposition in this
case. No action is required of the veteran until he is
notified by the RO.
WARREN W. RICE, JR.
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. § 20.1100(b)
(1996).
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